The Supreme Court of Israel unanimously ruled Tuesday to compel ultra-Orthodox Jewish seminary students to compulsory military service, Reuters reported. This break with precedent adds to Prime Minister Benjamin Netanyahu's political woes.
Israel requires 24 to 32 months of military service for all 18-year-olds except for those who are exempt by law. Ultra-orthodox Jewish seminary students have historically been part of that exemption, as well as Israeli Arabs, who make up 21% of the population.
Although the exemption for seminary students expired last year, they were not yet subject to the conscription requirement. The nation's high court said that without this legal dispensation, the only remedy was to subject seminary students to the same rules as the rest.
Recently, the exemption has come under fire as Israel fights a war in Gaza with Hamas in addition to the conflict in Lebanon against Hezbollah. "At the height of a difficult war, the burden of inequality is more than ever acute," the court said in its unanimous decision.
The court may see this as a necessary step, but the political fallout for Netanyahu is something the prime minister is afraid of during this tumultuous time. His coalition government includes two parties that represent the ultra-Orthodox.
These religious groups believe that allowing seminary students to abstain from serving in the military is another safeguard against adulterating their unique values and customs. The leaders have expressed disappointment with the court's decision but stopped short of taking further action.
Still, it's widely understood that drafting seminary students could damage the tenuous bonds of Netanyahu's current coalition. The Likud party, which includes Netanyahu, found the Supreme Court's decision "perplexing" because a law addressing the exemption is still making its way through parliament.
Moreover, the high court's decision included a provision that would strip seminaries of public subsidies if their students continue to abstain from military service without exemptions or deferrals. As this tinderbox threatens to explode, Education Minister Yoav Kisch pushed for an agreement that would please both sides of the issue.
"Not in a civil war, not in a fight that will tear apart Israeli society in the middle of a tough war. It's possible to do it together," Kisch said.
Surely, Orthodox leaders appreciate the predicament Israel finds itself in a multi-front war. However, their concerns about compulsory conscription are well-founded.
As the ultra-Orthodox struggle to maintain their unique way of life, the prospect of compulsory military service is a grave threat as it throws together Israelis from diverse backgrounds that may influence their young seminarians. In the past, they were granted this privilege until the Supreme Court decided against it by fiat.
The ultra-Orthodox Moseh Gafi, head of the parliamentary Finance Committee, pointed out that the court had no real grasp of the sect of Judaism that they were imposing this rule upon. "There's no judge there who understands the value of Torah study and its contribution to the people of Israel throughout the generations," Gafi pointed out, referring to the religion's holy scripture.
Of course, opponents of the exemption, like Defense Minister Avigdor Lieberman, championed the court's ruling. "There's nothing Jewish about dodging military service," Liberman claimed.
While it's important that all who can serve do so to preserve the nation, it's equally important to respect the religious duties of citizens. This court seems to have jumped the gun in deciding on an issue that was to be determined by the lawmakers that the people chose, and that's a problem.
